Terms of Service for Concierges
Last Updated and Effective as of: May 1st, 2019
These Terms of Service (these “Terms”) constitute a legal agreement between you and FAST JAPAN, Inc. (the “Company” or “we”) that governs your access to and use of the Company’s “Tabiko” mobile application (the “App”) and the online system for concierges (the “Concierge System”), the online and offline travel concierge services that the Company agrees to provide to you in connection with the App and the Concierge System (the “Service”), and the treatment of the information you acquire in relation to the Service as a concierge who has registered or applied for registration.
You represent and certify that you are of the appropriate legal age to form a binding contract and are not barred from receiving the Service under the laws of Japan or any other applicable jurisdictions. You must be 18 years or older to access the Concierge System or otherwise use the Service. If you are under 20, you represent and warrant that you have obtained approval of your parent or legal guardian to access and use the Service. In the event that you agree to these Terms on behalf of a third party, you represent and warrant that you have sufficient authority to bind such third party to these Terms; in such case, all references to “you” in these Terms shall be references to such third party.
BY ACCESSING THE CONCIERGE SYSTEM OR BY OTHERWISE USING OR ATTEMPTING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.
If any inconsistencies arise between these Terms and the information included in any other materials related to the Concierge System or the Service (e.g. promotional materials), these Terms will always govern and take precedence. In the event that you have entered into a separate service agreement with us governing your access to and use of the Concierge System and the Service (the “Service Agreement”), the Service Agreement will govern and take precedence if any inconsistencies arise between the Service Agreement and these Terms.
The Service is a suite of travel concierge services designed to help a traveler who is using the App (the “Traveler”) to plan, book and manage travel by providing recommendations and information through the App. Depending on the particular Service the Traveler has selected to receive, the Service may include: (a) the ability to book reservations (“Travel Reservations”) with hotels, restaurants, and other third-party travel service providers (“Travel Providers”); (b) local concierge services; and (c) travel support to assist with emergencies and itinerary changes.
The Company shall make reasonable efforts to ensure that the online features of the Service are available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to the failure of telecommunications links and equipment beyond the Company’s control. The Company will use reasonable commercial efforts to minimize such disruption where it is within the Company’s reasonable control. You agree that the Company shall not be liable to you for any unavailability, modification, suspension or discontinuance of the Service. You are responsible for obtaining access to any Service, and you acknowledge that such access may involve third-party fees (such as internet service provider or airtime charges). You are responsible for such third-party fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
(1) Anyone who would like to become a concierge on the Service (the “Concierge”) shall register themselves as a Concierge according to the procedure specified by the Company (the “Registration Application”) and obtain approval from the Company. You agree to submit the documents specified by the Company to the Company for the Registration Application.
(2) You may access certain online features of the Service through your account on the Service (your “Account”). You may log into your Account using your email and password. You are responsible for safeguarding your password, and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your name, whether or not you have authorized such activities or actions. You agree that the information that you provide to the Company about yourself upon registration of your Account (“Concierge Information”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Concierge Information to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a name or password that you are not authorized to use. The Company reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify the Company immediately at email@example.com.
(1) Through the Concierge System, you can assist the Travelers in their search for and selection of travel plans for their upcoming trip(s) to the full extent of the Service. You can provide information to the Travelers through the Concierge System’s chat functionality, by uploading videos and photos, or via other available functionalities on the Concierge System. You agree NOT to use the Concierge System to promote any services other than the Service. If you promote services other than the Service on the Concierge System, the Company is entitled to suspend or terminate your Account.
(2) You are solely responsible for any materials in the form of text, images and videos that you add or upload to the Concierge System (the “Content”) and represent and warrant that you are the sole and exclusive owner of these materials and that the publication of the Content does not infringe or violate any third-party rights, including intellectual property rights.
(3) You shall grant the Company a non-exclusive, permanent, irrevocable, worldwide, royalty-free, sub-licensable right and license to host, cache, communicate, route, transmit, store, reproduce, copy, distribute, perform, display, reformat, excerpt, analyze, and otherwise use the Contents.
(4) If Travelers enter into a contractual relationship for Travel Reservations, such contractual relationship shall be between Travelers and the Travel Providers and not with You. You will neither request nor accept any payments from Travelers with regard to your activity as a Concierge. You will neither request nor accept any credit card information from the Travelers nor perform any payments on their behalf.
1.5 Treatment of Information
(1) You shall treat all Travelers respectfully. When a Traveler contacts you with questions, problems, or complaints, you shall properly and timely address such inquiries. The Company has the right to monitor Traveler satisfaction without notifying you.
(2) From the time you apply to be a Concierge and during and after the time you are registered as a Concierge, you shall not disclose or divulge to any third party any information regarding the Service that you gain both before and after you have been registered as a Concierge, including, without limitation, the structure of the Service, the amount of payment or any other information regarding payment by the Company, and any information regarding specific Travelers.
(3) You acknowledge and agree that your chat histories, including contents, time-stamp, parties, locations, etc., with Travelers will be monitored and used by the Company, and disclosed to other Concierges and other third parties for the purpose of providing the Service, improving the Service, promoting the Service, providing useful information, taking over support for a Traveler, and other actions necessary for maintaining the Service.
1.6 Site License
Subject to these Terms, the Company grants you a personal, limited, revocable, non-exclusive, and non-transferable license to (a) download and install the App on a mobile device, and (b) otherwise access and use the Concierge System solely in connection with your non-commercial use of the Service. You may not sublicense the use of the Concierge System. The Company expressly retains all ownership right, title and interest in and to all aspects of the Concierge System and Service, including, without limitation, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Concierge System. You may not modify the Concierge System, create derivative works of the Concierge System, or reverse engineer, reverse compile, reverse assemble or perform any other operation with the Concierge System that would reveal any source code, trade secrets, know-how, or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess, or control the source code or any other aspect of the Concierge System. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Concierge System or displayed by, on or in the Concierge System. You may use the Concierge System only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Concierge System after any termination or expiration of your agreement to these Terms for any reason.
2. Distribution of Profit
(1) A Traveler may voluntarily indicate his/her satisfaction with your activity as a Concierge if the Traveler is satisfied with your Content. Such satisfaction shall be displayed as a number of Star Rewards in your Account.
(2) The Company shall evaluate your contributions to the Company’s profit via the Service by a method determined by the Company. Based on such evaluation, the Company may pay a specified amount of money (the “Distribution”) as a distribution of the revenue earned by the Company via the Service. The method of evaluating Concierge contributions and the method for paying the Distribution, etc. will be determined by the Company, and the Company may change all or part of such methods at any time. Any cost regarding the remittance shall be borne by the Concierge.
(3) The Company will not make any Distribution payments to a Concierge in the following cases, and, in such cases, if the Company has paid any Distribution to a Concierge, the Company may request the Concierge to return such paid Distribution in the manner determined by the Company:
a. The Concierge does not provide the Company with accurate bank account information and other required information within the prescribed period;
b. The Concierge violates or is likely to violate these Terms or other related rules; or
c. Other cases where the Company determines that making a Distribution is inappropriate.
(4) Notwithstanding the foregoing, if the Distribution that the Company intends to pay to a Concierge is less than the amount specified by the Company, the Company shall have the right not to pay the Distribution until the Distribution reaches such amount.
3. Travel Providers and Other Third Parties
Although we may make the products and services of third-party companies (including Travel Providers) available to you in connection with the Service, your use of such products and services is subject to the terms and conditions imposed by the third party providing such products and services. The Company makes no warranty with regard to the products or services of any other entity, including Travel Providers.
4. Suspension and Termination
(1) The Company reserves the right to suspend or terminate your access to and use of the Concierge System and Service at any time, without notice, for any reason, including, without limitation (a) your breach of these Terms or any other policies or guidelines set forth by the Company, (b) any conduct that the Company believes is harmful to other users of the Concierge System or Service or the business of the Company or other third-party information providers, or (c) no Contents are provided by you for continuous 6 months. In such cases, the Company shall not be liable for any unpaid Distribution to you from the time that the Company learns of such fact. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Concierge System or Service.
(2) The Company reserves the right at any time, from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
6. Disclaimer of Warranty
THE SERVICE AVAILABLE THROUGH THE CONCIERGE SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONCIERGE SYSTEM AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE CONCIERGE SYSTEM OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE CONCIERGE SYSTEM OR OUR SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE CONCIERGE SYSTEM, INCLUDING THE SERVICE, WILL BE AVAILABLE, OR THAT DATA IS SECURE FROM UNAUTHORIZED ACCESS. THE COMPANY MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED OR ADVERTISED THROUGH THE CONCIERGE SYSTEM. NO ADVICE OR INFORMATION GIVEN BY THE COMPANY, ITS EMPLOYEES, OR AFFILIATES SHALL CREATE A WARRANTY.
7. Rules of Conduct
7.1 Distribution of Content
You agree that you will access and use the Concierge System and Service only in compliance with applicable local, state, federal, and international law and all regulations, policies and procedures of the applicable Travel Providers. You further agree not to use the Concierge System or Service to distribute any materials that: (a) are defamatory, abusive, harassing, threatening, or an invasion of the right of privacy of another person; are bigoted, hateful, or racially or otherwise offensive; are violent, vulgar, obscene, pornographic, or otherwise sexually explicit; misrepresent or falsify any information; or otherwise harm or can reasonably be expected to harm any person or entity; (b) are illegal or encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit such activities, including a submission that is or represents an attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (c) infringe upon or violate any right of the Company or a third party, including any copyright, patent, trademark, trade secret or other proprietary or contractual rights, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity, or any confidentiality obligation; (d) are commercial, business-related, or advertise or offer to sell any products, services, or otherwise (whether or not for profit), or solicit others (including solicitations for contributions or donations); (e) contain a virus or other harmful component, otherwise tamper with, impair or damage the Concierge System or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Concierge System; (f) do not generally pertain to the designated topic or theme of the Concierge System; (g) violate any specific restrictions applicable to a public forum, including its age restrictions and procedures; (h) are for the purpose of setting up encounters with the opposite sex or for sexual acts; or (i) are antisocial, disruptive or destructive, including “flaming,” “spamming,” “flooding,” “trolling” and “griefing,” as those terms are commonly understood and used on the Internet; or contain any other information that the Company deems inappropriate. A Concierge is prohibited from creating external links that link to external websites containing expressions prohibited by these Terms and other related rules.
7.2 Use of the Service
7.3 Responsibility of Concierge
We cannot and do not assure that Travelers or other Concierges comply or will comply with the foregoing Rules of Conduct or any other provisions of these Terms or the Terms of Service for Travelers, and you hereby assume all risk of harm or injury resulting from any such lack of compliance, as between you and the Company. Any disputes between the Concierge and the Traveler or between Concierges shall be resolved by the Concierge, and the Company shall not be obligated to pay any costs or to cooperate with the Concierge regarding such dispute.
8. Proprietary and Privacy Protection for Other Users’ Content on the Concierge System
The Company hereby notifies you that all the information, content, image files, software, and materials on the Concierge System may be protected by Japanese and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. The Company is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Concierge System. The Company has the absolute right to terminate your Account or to terminate your use of the Service if such use violates the intellectual property rights or other rights of third parties. You agree to indemnify and hold the Company harmless for any violation of this provision.
9. Indemnity; Limitation of Liability
(1) You agree to indemnify and hold the Company, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to or use of the Concierge System or Service; (b) your violation of these Terms; (c) your violation of any third-party right, including, without limitation, any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Concierge System or Service caused damage to any third party.
(2) YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE CONCIERGE SYSTEM OR SERVICE AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE CONCIERGE SYSTEM OR SERVICE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE CONCIERGE SYSTEM OR SERVICES, FROM ANY CHANGES TO THE CONCIERGE SYSTEM OR SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE CONCIERGE SYSTEM AND SERVICE, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
(3) IF YOU ARE DISSATISFIED WITH THE CONCIERGE SYSTEM OR SERVICE OR WITH ANY OF THESE TERMS OR FEEL THAT THE COMPANY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CONCIERGE SYSTEM AND SERVICE. THE COMPANY’S TOTAL LIABILITY, IF ANY, TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE CONCIERGE SYSTEM OR SERVICE SHALL NOT EXCEED JPY 100,000. IT IS THE COMPANY’S AND YOUR INTENTION THAT THIS PROVISION BE CONSTRUED BY A COURT AS THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
(4) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Company may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the App or Service as of the “Last Revised” date noted at the top of these Terms. Your continued access to or use of the App or Service after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the App or Service.
10.2 Applicable Law and Dispute Resolution
These Terms shall be governed by the laws of the Japan without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that the Company has not adhered to these Terms, please contact us by e-mail at firstname.lastname@example.org. We will do our best to address your concerns. If you do not feel that your complaint has been addressed completely, we invite you to notify us for further investigation. If we are unable to reach a resolution of the dispute with you, then you or the Company may file a lawsuit with the Tokyo District Court. You and the Company agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
10.3 No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Service, use of the Service or access to the Service.
10.4 Independent Contractors
No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms or use of the App or the Service. You will not have power or authority to act on behalf of or to represent the Company or the Travel Providers in any way. You shall never imply or otherwise suggest to third parties that your relationship with the Company or the Travel Providers is anything other than that described in these Terms.
10.5 Force Majeure
The Company will not be liable by reason of any failure or delay in the performance of our obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, governmental action, labor conditions, earthquakes, material shortages or any other cause that is beyond the Company’s reasonable control.
Any failure by the Company to exercise any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
The headings of sections of these Terms are for convenience only and are not to be used in interpretation.
If you have any questions about these Terms, please email us at email@example.com.
You can also write to us at:
FAST JAPAN, Inc.
Attn: Terms of Service
3-11-3-403 Sendagaya, Shibuya
Tokyo, Japan 1510051
10.9 Entire Agreement
These Terms constitute the entire agreement between you and the Company and govern your use of the Concierge System and the Service, superseding any prior agreements between you and the Company. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and the Company nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and that the other provisions of these Terms shall remain in full force and effect.
©2019 Tabiko Team